Davina Murray's 'significant ethical blindspot'

Disgraced ex-lawyer Davina Murray. Photo / Steven McNicholl

Disgraced ex-lawyer Davina Murray had been reprimanded for her conduct three times in five years before being struck off in February, including for trying to falsely claim $67,500 from her deceased partner's estate.

Davina Murray was convicted and sentenced in 2013 to 50 hours of community service for smuggling an iPhone, lighter and cigarettes to prisoner Liam Reid, a convicted killer with whom she was in a relationship.

The Lawyers and Conveyancers Disciplinary Tribunal ordered that Murray be struck off the roll of barristers and solicitors at a penalty hearing on February 26.

The tribunal has now released their reserved reasons for the decision.

The reasons included her three previous transgressions as a lawyer, the first relating to improper receipt of fees.

The second, which the tribunal called a "very serious matter", came after Murray acted for her then partner in a domestic-related matter.

When the relationship ended she then communicated directly with her former partner's wife, disclosing confidential information. She was censured and fined $5000.

After that same partner committed suicide, she invoiced his estate for $67,500 in legal fees, despite numerous emails and communications showing she was acting for him at no cost.

She was fined $10,000 and ordered to cancel the fee.

The tribunal noted the "tragic circumstances of this man's death" were relied on by Murray as a mitigating circumstance in her defence of the smuggling charge.

The decision also noted that Murray had shown a "significant ethical blind spot" during her tribunal proceedings by arranging for Reid to secretly join a pre-hearing telephone conference with the tribunal.

The members were unaware he was listening in from prison until informed by the Department of Corrections.

Murray's conduct during her trail was also strongly criticised, particularly her false claim that two prison officers had planted evidence.

Putting false evidence knowingly before the court was "one of the most reprehensible forms of conduct which can be undertaken by a trial lawyer".

The tribunal said she had "little or no understanding of her ethical obligations to clients, her profession or the institutions of justice".

As Murray is a bankrupt, no order was made for costs.